Effective September 27, 2016
BY PURCHASING OR USING A TICKET,
YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:
THESE TICKETHOLDER TERMS AND CONDITIONS (THE “AGREEMENT”) GOVERN ALL ASPECTS OF YOUR (“YOU,” “YOUR,” OR “TICKETHOLDER”) RELATIONSHIP WITH GINGERBREAD SHED LLC AND THE ENTITIES WHO OWN THE EVENT TO WHICH A TICKET IS BEING PURCHASE (“SHED,” “WE,” “OUR,” OR “US”), INCLUDING WITHOUT LIMITATION, YOUR PURCHASE AND USE OF TICKETS AND YOUR ATTENDANCE AT THE EVENT TO WHICH TICKETS WERE PURCHASED (THE “EVENT”), AS WELL AS MARKETING AND OTHER COMMUNICATIONS OR DEALINGS BETWEEN YOU AND SHED.
USE OF TICKETS; NO REFUNDS OR EXCHANGES.
Event date and time subject to change. If the event for which your ticket is issued is rescheduled or cancelled, you shall not be entitled to a refund except as otherwise required by law. Instead, you shall have the right, except as otherwise provided by SHED, (1) if the event is rescheduled to a date and time within twelve months of the date and time originally scheduled, to use your ticket to attend the event at the rescheduled date and time, or (2) if the event is not rescheduled within twelve months of the date and time originally scheduled, to exchange your ticket for another ticket, comparable in price and seating location, to another event that is designated by SHED as the official replacement event for the cancelled event.
Event tickets are not subject to any refund, bear no cash value, and are not redeemable for cash. Artists and set times are subject to change without notice. Tickets are not subject to exchange except as expressly provided above. If issued as a complimentary ticket, your ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat (if applicable), for which they are issued. It is unlawful to reproduce a ticket in any form. SHED reserves all rights not expressly granted to the Ticketholder by these terms.
Unless indicated otherwise, ticket prices include all applicable taxes and/or cash discounts (if available). Ticket price is nonrefundable except as specifically provided in these terms.
You agree that you will conduct yourself appropriately at all times while attending the Event. SHED, the event facility, management, promoters, participants, performers, artists, and the ticketing agency and/or ticketing services provider, and their agents, employees, officers, directors, owners, partners, trustees, and related entities (collectively “Management”) reserve the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Management, at its sole discretion, to be undesirable, including, without limitation, persons engaged in disorderly conduct, use of vulgar or abusive language, or those who fail to follow Management or event facility rules and directions.
This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at Management’s discretion. Management will automatically terminate this license and all rights of any ticketholders engaged in any of the conduct expressly listed above. If Management exercises these ejection rights, the Ticketholder will not be entitled to a refund of the ticket price or any part thereof. Unlawful resale or attempted resale of a ticket is grounds for seizure and cancellation of the ticket, without compensation, at Management’s sole discretion.
You agree to comply with all local or event facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the event facility.
You further agree to indemnify, defend, and hold harmless the Management, and their agents, employees, officers, directors, owners, partners, trustees, and related entities, from any and all claims, demands, liabilities and/or damages arising from your conduct or omissions during the event.
YOUR PERSON AND YOUR BELONGINGS MAY BE SEARCHED UPON ENTRY TO THE EVENT. BY PRESENTING YOUR TICKET AND ENTERING THE EVENT FACILITY, YOU CONSENT TO SUCH SEARCHES AND WAIVE ANY AND ALL RELATED CLAIMS THAT YOU MIGHT HAVE AGAINST THE MANAGEMENT OR THE EVENT FACILITY. IF YOU ELECT NOT TO CONSENT TO THESE SEARCHES, YOU MAY BE DENIED ENTRY INTO THE EVENT FACILITY.
RELEASE OF LIABILITY.
By entering into this Agreement and/or attempting to use a ticket for the Event, you expressly assume all risks and dangers arising from or incidental to the event for which the ticket is issued, whether such risks occur before, during, or after the Event. These risks include, but are not limited to, any and all personal or property injury or death caused by or related to the danger (1) that the event crowd or individual attendees may be inadequately monitored, managed, or controlled by event security, and (2) that the Ticketholder may be exposed to drugs, alcohol, fighting, or other reasonably foreseeable dangerous conditions or activities. You agree that the Management is not responsible for any such risks and dangers. In no event shall Management be liable for consequential or indirect damages.
You expressly release the Management from any and all claims you have or may have that arise from or are incidental to your attendance at the Event, including any claims arising out of the negligence of the Management, or its agents, employees, officers, directors, owners, partners, trustees, and related entities.
TRANSMISSION OR REPRODUCTION PROHIBITED; USE OF LIKENESS.
The Ticketholder agrees not to transmit or aid in transmitting, by any means, any description, account, picture, or reproduction of the event for which this ticket is issued. The Ticketholder acknowledges that the event may be broadcast or otherwise publicized, and grants permission for their image or likeness to be used in any live or recorded transmission or reproduction of such event, or in materials disseminated by Management, its affiliates, or their respective sponsors for advertising, promotional, trade, and other purposes, without compensation or permission.
You may not use your ticket to enter the Event, or otherwise use your ticket, for advertising, promotion, or other commercial purposes, including without limitation contests, sweepstakes, and giveaways, without the express consent of SHED.
ATTORNEYS’ FEES AND COSTS.
In the event of a dispute between you and SHED, the prevailing party shall be entitled to recover all of its [reasonable?] attorneys’ fees and costs incurred or related to the litigation or arbitration of such dispute.
Except as otherwise stated in the Arbitration Provision below, any claim, dispute, or controversy arising from or relating to this Agreement, the Event, or our dealings with one another, whether based in contract, tort, fraud or otherwise and regardless of the place of your residence, is governed by, and construed in accordance with, federal and California law, without regard to conflict of laws principles.
You authorize Management and its affiliates, agents, representatives, assigns and service providers (collectively, the “Messaging Parties”) to contact you using automatic telephone dialing systems, artificial or prerecorded voice message systems, text messaging systems, email, or any similar methods then in use and automated email systems in order to provide you with information about this Agreement and your ticket(s), including information about payments. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline and VOIP numbers) or email addresses you supply to the Messaging Parties in connection with this Agreement, the Event, or any other matter. You understand that anyone with access to your telephone or email account may listen to or read the messages the Messaging Parties leave or send you, and you agree that the Messaging Parties will have no liability for anyone accessing such messages. You further understand that, when you receive a telephone call, text message or email, you may incur a charge from the company that provides you with telecommunications, wireless and/or Internet services, and you agree that the Messaging Parties will have no liability for such charges. You expressly authorize the Messaging Parties to monitor and record your calls with the Messaging Parties.
You understand that, at any time, you may withdraw your consent to receive text messages and calls to your cell phone or to receive artificial or prerecorded voice message system calls by calling 877-569-7767 or writing to firstname.lastname@example.org. To stop text messages, you can also simply reply “STOP” to any text message the Messaging Parties send you. To stop emails, you can follow the opt‐out instructions included at the bottom of the Messaging Parties’ emails.
EZ Pay gives the customer the flexibility to pay for their order via the EZ Pay layaway payment plan (“EZ Pay”). If you use EZ Pay, you agree to the EZ Pay Terms as set forth in the plan terms agreed to when purchasing tickets to the applicable events.
AUTOMATIC CARD PAYMENT AUTHORIZATION (“AUTHORIZATION”).
You authorize us (which includes, for purposes of this Authorization, our agents, service providers, successors, and assigns), to charge your Visa, MasterCard, American Express, or Discover Card (the “Card”) for the initial payment, which is equal to up to 1/2 of the purchase price of the ticket(s) you elect to purchase, and subsequent installments, each representing up to 1/2 of the purchase price the ticket(s) (due to rounding, exact payment amounts may vary by up to 2 cents per payment, however total due will not exceed the order total). In the event a charge is not successful, you authorize us to reinitiate the charge. You understand that the charge may not immediately post to your Card account. In the event that we make an error in processing a charge, you authorize us to initiate a credit or debit to the Card to correct the error. Each charge to the Card will be processed in U.S. Dollars and, if a charge is converted into another currency, its amount may vary based on fluctuations in the applicable conversion rate. We will accept one Card per Authorization with the Card having a valid expiration date for the duration of the Authorization process. You understand that if a charge is denied, you are responsible for making the payment in full within 10 days of the rejected charge. If a payment is not made in full within 10 days after the initial charge, your order WILL BE CANCELLED, and we will refund all money you have paid less a cancellation charge.
INDIVIDUAL ARBITRATION AGREEMENT AND CLASS ACTION WAIVER (“ARBITRATION AGREEMENT”).
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where the Event took place, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase tickets and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to email@example.com. The request must include your full name, address, invoice number, and the statement “I reject the Arbitration Agreement contained in the Terms and Conditions for the Event to which tickets were purchased.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC CONTRACTING AND COMMUNICATIONS.
By clicking “I AGREE”, you consent to receive disclosures from us electronically through this website under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Before purchasing tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to us at firstname.lastname@example.org or call 877-886-3314. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call email us at email@example.com or call 877-569-7767.
By clicking “I AGREE”, you agree to the terms and conditions contained in this Agreement, including those related to the EZ Payment Plan and Authorization (if applicable), as well as the Arbitration Agreement and the Consent to Electronic Contracting and Communications. If you do not wish to purchase tickets using the EZ Payment Plan, or you do not agree to the Arbitration Agreement, the Authorization, or the Consent to Electronic Contracting and Communications, do not click “I AGREE”. As used in the Agreement, the Arbitration Agreement, the Authorization, and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean SHED and its successors, assigns and agents.